transfer of 498a case
narendra
(Querist) 07 September 2014
This query is : Resolved
dear experts for both domestic voilence and
divorce case transfers sc refered for mediation.as per supreme court order I decided to attend
mediation and I have sent 25000 DD to my lawyer
for depositing in sc..mediation is on 22nd
September 2014...today after seeing cases status
in sc i came to know that after mediation order
for domestic voilence filed by her and divorce filed
by me,now wife has filed for transfer of 498a and
other criminal cases filed by her on me and my
family members in Bangalore, Karnataka and filed
in sc to transfer from Karnataka to Andhra
pradesh..please advice me sc will transfer even
498a also...in present conditions mediation will
happen or not..what are the chance s of transfer
ering 498a cases.all she has filed in Bangalore
and asking for transfer to her native place..how
to stop the transfer of cases in supreme
court..please experts Ur valuable
suggestions..regarding transfer of 498a case and
supreme court mediation procedure and chance s
settling family disputes..
Dr J C Vashista
(Expert) 07 September 2014
What does your lawyer advise?
If mediation is pending in Supreme Court, the transfer petition can be dismissed, if your counsel is able to communicate the fact to the Court.
Devajyoti Barman
(Expert) 07 September 2014
As long as mediation is cintunuing the court would not cosider case for transfer. You have to wait till mediation is over.
Try to settle amicably in mediation.
Rajendra K Goyal
(Expert) 07 September 2014
Wait till the mediation is over. Court may not consider the transfer till then.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 September 2014
There are many defense tactics in all marriage related cases.
But most of the defense is taking bull by horns and so results are few and far between.
Let SC case proceed for transfer and take proper steps for mediation to show your willingness to solve issues amicably.
At the same time take fundamental objections at lower court level against basic flaws in the complaint which will always be there.
Defense make the mistake of going to higher courts against the lapses in complaint and fail. Try at lower court level for which opportunities are many.
Raj Kumar Makkad
(Expert) 07 September 2014
I strongly do endorse the views of Advocate Defense. You need to resist the transfer on the basis of pending mediation as well as the same is against the criminal jurisprudence which clearly hold that FIR shall only be lodged wherein crime has taken place.
ajay sethi
(Expert) 07 September 2014
agree with adv defence
V R SHROFF
(Expert) 07 September 2014
TAKE FULL ADVANTAGE OF MEDIATION.. FINISH MATTE/ BUY PEACE.....
narendra
(Querist) 07 September 2014
thank experts for Ur advice..i am ready to settle all cases in supreme court but I am not having hopes mediation because in Bangalore also she has not agreed for divorce and not attended mediation so mediation failed..only for harassing me and my family members she applied for transfer of domestic violence and divorce..in those petitions she has not revealed about 498a..now instead of stopping transfer of both cases sc refereed for mediation..so immediately she has applied for transfer of 498a also..till now I heard that 498a case can't be transfered to her native place..and she has not applied along with other two cases.but now she applied for 498a..so please advice me how to proceed my cases in supreme court..how is the sc statistics of transfer of 498a cases to wife native place..please experts...
T. Kalaiselvan, Advocate
(Expert) 09 September 2014
As advised by experts, you have to wait for the mediation result by the supreme court for any further move, let she move the application for transfer of 498a too, on getting opportunity, give a stiff challenge to that too based on the facts, no prediction can be made about supreme court's discretion.
Raj Kumar Makkad
(Expert) 09 September 2014
You should bring the fact of the pending petition of transfer of her 498a case in the mediation cell by providing the details in writing so that all 3 cases may be got clubbed and may be decided accordingly as per report of mediation cell.
narendra
(Querist) 03 October 2014
dear experts thank u for Ur advices.as per Ur advice I attended the mediation at supreme court.but in sc also amicable settlement not happened.now she is telling she is ready for reunion otherwise she is ready for staying separately but doesn't agree for divorce through out life.now in any condition I am not ready to take her back.mediation happened for 2 days nothing happened.even mediator didn't give any alternative solution..and told she return file to court..finally again she has given mediation date on 13th Oct..so please advice me how to proceed in next mediation in this condition..her main intention is after getting transfer order for all cases to her native place she want to harass me and my family..that s why in mediation she is not agreeing at mediation..
ajay sethi
(Expert) 03 October 2014
if your is willing to stay with you accept the offer . tell her you are willing to accept her back provided she with draws all cases filed by her
Dr J C Vashista
(Expert) 04 October 2014
Well advised by experts, nothing more to add.
